Md. Samad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24549 of 2016 Arising Out of PS.Case No. -453 Year- 2015 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Md. Samad, son of - Late Muslim, Resident of Village- Ninga Pachim Tola, P.S.- Barauni, Disrict- Begusarai.

2. Pappu @ Md Pappu Son of Late Md. Shamshul, Resident of Salempur, P.S.- Refinery, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pritish Kumar Lal, Adv. For the Opposite Party/s : Mrs. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-08-2016 Heard both sides.

The petitioners apprehend their arrest in Barauni P.S. Case No. 453/2015, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The allegation is that while the husband of the informant was constructing house over his land petitioner no. 1 and petitioner 2 and others abused him and also assaulted him with lathi and iron rod.

Petitioner no.1 is alleged to have assaulted with iron rod on the head of the husband of the informant. The nature of injury caused to the injured is grievous. There is no allegation of assault against petitioner no. 2 Pappu, but it has been pointed out by the

Patna High Court Cr.Misc. No.24549 of 2016 (3) dt.05-08-2016 2/2 learned counsel for the informant that Pappu has got criminal antecedent. He is accused in Barauni P.S. Case No. 40/2001. Considering the facts aforesaid, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T